Maxims on justice and procedure

The essentials

Fair procedure is at the heart of justice. Two maxims form the principles of natural justice: audi alteram partem ("hear the other side") – no one should be condemned unheard; and nemo judex in causa sua ("no one should be a judge in his own cause") – the rule against bias. Other maxims govern who may approach a court and when a case is finally closed.

Key points

• Audi alteram partem: a person must receive notice and a fair opportunity to present his case before an adverse decision. Example: a student cannot be expelled without being told the charges and heard.
• Nemo judex in causa sua: a decision-maker must not have a personal, financial or other interest in the matter. Example: a selection board member should not interview his own relative.
• Locus standi: the right or standing to bring an action before a court. Traditionally only the person whose rights were affected could sue. In S.P. Gupta v. Union of India (1981) and other PIL cases, the Supreme Court relaxed this rule so public-spirited persons could approach courts on behalf of the poor and disadvantaged.
• Amicus curiae: "friend of the court" – a person, usually a senior lawyer, appointed or permitted to assist the court on a matter, not representing any party.
• Res judicata: "a matter already judged". Once a competent court finally decides a matter between the same parties, it cannot be litigated again between them on the same issue (Section 11 of the Code of Civil Procedure, 1908). It brings finality and prevents harassment.

Exam tips

• Natural justice = hearing rule + rule against bias.
• Distinguish res judicata (a matter already decided) from double jeopardy in criminal law under Article 20(2).

Common mistakes

• Thinking an amicus curiae represents one of the parties.
• Believing locus standi still requires personal injury in every case.